IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 19^TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945 WP(C) NO.1944 OF 2024 PETITIONER:

ASHWIN SIDHARTHAN, AGED 41 YEARS S/O.VATTAPARAMBIL KUNJAYYAPPAN SIDHARTHAN, VICI 103, SJR VERITY, SARJAPUR ROAD, KASAVANHC1LLI, BENGALURU RURAL, KARNATAKA THROUGH POWER OF ATTORNEY HOLDER NESAMUDHEEN AGED 27 YEARS, S/O.UNNEEN, PERMANENT RESIDENT AT ANDIKKADAN HOUSE, KADALMADU PO, WAYANAD, KERALA, PIN - 673577 BY ADVS.

E.ADITHYAN MEERA RAMESH TREESA MANJILA RESPONDENTS:

1 CHERPU GRAMA PANCHAYATH CHERPU P.O, THRISSUR, KERALA, PIN - 680561

2 MUMTHAS A.V, SECRETRARY CHERPU GRAMA PANCHAYATH, CHERPU P.O THRISSUR, KERALA, PIN - 680561 * 3 THE SECRETRARY, CHERPU GRAMA PANCHAYAT, CHERPU P.O, THRISSUR, KERALA-680561 [ADDL.R3 IS SUO MOTU IMPLEADED AS PER THE ORDER *

DATED 17.01.2024]

BY SRI.R.RAJPRADEEP SMT.G.SHEEBA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.R.

JUDGMENT

The petitioner states that he was born at Cherpu Government Hospital on 31.10.1982. At the time of his birth, his name was mistakenly entered as 'ASE' in the Birth Register maintained by the 1^st respondent Panchayat. Ext. P3 is the copy of the Birth Certificate. The petitioner had his secondary schooling at VIPS School, Dubai which is now defunct. In the Secondary School Records, his name is entered as ‘Ase V.Sidharthan’, as seen from Ext. P4 copy of the Secondary School Leaving Certificate (SSLC) issued by the Board of Public Examinations, Kerala. However, in Ext. P5 Higher Secondary Examination (Class XII) Certificate issued by the Board of Higher Secondary Examination, Government of Kerala, his name is entered as 'Ashwin Sidharthan', which, according to him, is the correct name and is consistent with public documents such as Passport, PAN Card, Driving Licence etc.

2. The petitioner has been working in Switzerland for the past ten years. When he made application for citizenship, the authorities noted a disparity in his name between the Birth Certificate and Passport. Therefore, the petitioner submitted Ext. P7 application before the 3^rd respondent, the Secretary, who is the Registrar of the 1^st respondent Panchayat under the Registration of Births and Deaths Act, 1969, to correct the name in the Birth Certificate. However, the application was rejected by Ext. P8 communication stating that the name of the petitioner differs in the school record produced along with the same. It is stated that the name of the petitioner is entered as 'ASE' in the Birth Register, whereas, it is entered as Ase V.Sidharthan’ in the SSLC book and that the name entered in the Birth Certificate can only be corrected to match the name as entered in the SSLC book.

3. The petitioner states that he is known as 'Ashwin Sidharthan' among his family, friends, and society. Furthermore, in all official records such as Passport, PAN Card, Driving Licence etc., his name is entered as 'Ashwin Sidharthan'. Accordingly, challenging Ext. P8, the petitioner has approached this Court.

4. A counter affidavit has been filed on behalf of respondents 1 and 2 wherein it is stated that the name of the petitioner entered in the Birth Register (Ext. R3 (a) is the relevant extract) and the Labour Room Register (Ext. R3(b)is the relevant extract) of the Hospital where he was born is 'ASE'. It is further stated that, the Chief Registrar of Births and Deaths, Kerala has issued Ext. R3(c) Circular clarifying that the name entered in the Birth Register can be changed once, exactly like that of the school records of the child for whom the name is to be changed. Therefore, it is contended that, since Ext. P4 SSLC certificate, the basic school record shows his name as Ase V.Sidharthan’, his name cannot be changed as 'Ashwin Sidharthan' in the Birth Register, as it is not consistent with the school record.

5. Heard Sri. E. Adithyan, the learned counsel for th